Wu Liwei: Why is it difficult to read the Nie Shubin case for ten years
Release date: March 2115-September 19: 53: 38? Author: Zhou dongxu? Source: Network
On March 7th, Nie Shubin's appeal attorney finished reading the papers, which was the first time that Nie Shubin's lawyer was allowed to access the complete file in 11 years. At about 8: 31, Nie Shubin's attorneys Li Shuting, Chen Guangwu and Nie Shubin's mother Zhang Huanzhi entered the Shandong High Court to read the papers. Previously, Nie Shubin's attorney repeatedly applied to Hebei High Court for marking papers, but all of them were rejected by Hebei High Court for various reasons. In February 2114, the Supreme Court decided to instruct the Shandong High Court to review the Nie Shubin case.
according to the lawyer, the scope of marking this paper is far beyond expectations, including 3 files of Nie, 3 files of Nie provided by the court, 136 pages of investigation volume as the main volume, 54 pages of trial volumes of first instance and 38 pages of trial volumes of second instance, Wang Shujin case file and review file of Hebei High Court. Li Shuting said that judging from the reading in the morning, his initial judgment was that the Nie case was untenable and there were serious procedural problems.
As a lawyer's right to read papers as stipulated by law, why do you have to wait for ten years? What are the difficulties in marking unjust, false and misjudged cases?
Wu Liwei, a senior criminal defense lawyer in Kyoto Law Firm, said that the file is an important basis for the appeal of a case, such as the case of Nie Shubin. To restore the facts at that time or reverse the case, the lawyer must put forward relevant reasons to overturn the original reasons, and the file is currently the most important proof material, whether it is evidence or procedure. "The real murderer of the case has appeared. From the evidence identified, there must be problems in the file."
"In recent years, as one of the' three difficulties', it is difficult to basically solve the problem of marking papers." Wu Liwei said that according to the provisions of the Criminal Procedure Law, defense lawyers can consult, extract and copy the litigation documents and technical appraisal materials of this case from the date when the people's procuratorate examines and prosecutes the case, which can be implemented in cases of first instance and second instance, but very few cases will be more difficult.
The "rare cases" with difficulty in marking papers include appeal cases. "The lawyer asked for access, and the court evaded the investigation for various reasons, basically focusing on the appeal stage. "Wu Liwei said that it is very difficult to file a complaint case, which shows two aspects. First, the court does not accept it at all, and it does not accept the materials submitted by the parties. Generally, there is no reason, or directly say that the case is correct. Second, after receiving the materials, they don't reply, and some reply, basically rejecting the appeal. The reasons are mostly "cliché s", such as the fact that the original judgment found the facts clear, the evidence was sufficient, the sentence was appropriate, the procedure was legal, and the ruling refused to appeal. "It is difficult to accept, and the judicial department often finds many reasons to obstruct it during the marking process."
the difficulty of marking papers has largely become the resistance to correcting unjust, false and misjudged cases. Wu Liwei asked, if you can't even see the file, how can you defend your complaint? Judging from the existing cases, it is very difficult to correct the unjust, false and wrong cases. Most of the cases that can be overturned are the real murderers, or the victims who have been identified as "dead", such as the Huggieler pattern, which has gone through many years. Wu Liwei said, "It is so difficult to correct the case of the deceased, and others can be imagined. Preventing lawyers from reading papers for ten years seems to be maintaining the image of the judiciary. In fact, it is this kind of behavior that tramples on the majesty of the judiciary and is completely contrary to its possible original intention. "
Wu Liwei has repeatedly encountered difficulties in marking the appeal cases he represented. "The reason why it is difficult to mark the appeal cases is mainly due to the serious distortion of the law enforcement concept of the judicial organs. Take the case of Nie Shubin as an example. Reading papers is not allowed for ten years. If the judiciary dares to correct mistakes and the case can stand the test, why are they afraid of lawyers reading papers? The judiciary did not dare to put the trial in the sun, fearing that lawyers would correct their mistakes. "
"Many law enforcement agencies don't think that they will be wrong, and the parties complain to avoid guilt. Some even say,' Whoever says that he is innocent, the murderer will say that he is innocent'." Wu Liwei said that justice under the guidance of this concept will naturally hinder complaints, safeguard the image of the judiciary, and even safeguard personal image. From the perspective of motivation, the rehabilitation of misjudged cases will also involve compensation and personal accountability, which will affect the political life of major leaders.
Wu Liwei believes that this concept still exists widely in the public security system. "If it is not changed, it will be difficult for the rule of law to develop by leaps and bounds."
marking papers is one of the rights of lawyers. Only by ensuring sufficient marking rights can lawyers make legal judgments and put forward relevant complaints. In accordance with the provisions of the Criminal Procedure Law and relevant judicial interpretations, defense lawyers can consult, extract and copy the case files from the date when the people's procuratorate examines and prosecutes the case. Other defenders, including attorneys, need the permission of the court before they can read the papers. However, there is no special provision for the appeal of criminal cases, and Hebei High Court also uses this as the reason for refusal. Wu Liwei said that the law does not prohibit lawyers from marking papers during the appeal process, and this situation should be regarded as marking papers. The problem of marking the appeal case was highlighted in Nie Shubin's case.
Is it difficult to improve the marking of complaint cases? Wu Liwei believes that in the future, through amending the law or judicial interpretation, it should be gradually improved. He took the death penalty review as an example. At first, lawyers were not allowed to intervene in the death penalty review, but the court approved it. Later, lawyers could participate, but it was very difficult. For example, if the case went to the Supreme Court, I didn't know who was in charge, and I wouldn't tell the lawyer. I hardly saw the case handler. Later, it was gradually solved. Recently, the Supreme Law promulgated the "Measures for Listening to the Opinions of Defense Lawyers in Handling Death Penalty Review Cases", and defense lawyers can contact the Supreme People's Court to inquire about the filing information and consult, extract and copy the case files.
"The establishment of the rule of law will not happen overnight. It will be long and difficult. At present, the emphasis on having laws to follow has basically been achieved. Although the overall environment of the rule of law is changing, it is not enough to have laws to follow, and individual cases are still struggling. It is necessary to change the consciousness of judicial personnel. " Wu Liwei said.